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2024 Supreme(Mad) 1094

S. M. SUBRAMANIAM, V. SIVAGNANAM
Meena – Appellant
Versus
Secretary to the Government, Home Prohibition and Excise (XVI) Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. P. Muthamizhselvakumar.
For the Respondents: Mr. E. Raj Thilak, Additional Public Prosecutor.

ORDER :

(S.M. Subramaniam, J.) :

(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the entire records connected with the detention order in BCDFGISSSV.No. 626/2024 dated 04.06.2024 on the file of the respondent No. 2 and quash the same and direct the respondents to produce the body and person of petitioner son one named Mr.Raja @ Panni Raja S/o. Jeganathan aged about 30 years now confined at Central Prison, Puzhal before this Court and set at liberty forthwith.)

The preventive detention order dated 04.06.2024 passed by the second respondent is sought to be quashed in the present habeas corpus petition.

2. The learned Counsel appearing on behalf of the petitioner would mainly contend that there was a delay in considering the representation submitted by the detenue under Act 14 of 1982.

3. Delay in considering the representation is vital, more specifically in preventive detention cases. The detention power conferred under Act is extremely powerful and that have the ability to confer arbitrary power to the State. In such circumstances, where there is a possibility of an unfattered discretion of power by the Government, the

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